EPA administrator says feds could take over entire air quality program

Al Armendariz, EPA regional administrator, said by phone that his agency will take over the state’s entire air quality program if Texas doesn’t quickly show that it’s willing to follow the Clean Air Act.

“That action is not imminent, but we have to get good air quality permits issued in Texas, and either the state of Texas does it, or I’ll have to,” he said, adding, “I’m hopeful that the state will correct the deficiencies and stay as the permitting authority in the state of Texas.”

Armendariz said his agency’s focus is now on the 40 operating permits to which it has objected: “We federalized one yesterday, and we’re going to federalize additional ones.”

Asked if the stIf the state doesn’t correct what EPA says are deficiencies, Armendariz said federal law would require his agency could take over every air quality permit.

“We could, yeah, and in fact, the Clean Air Act would require us to do so,” he said.

He said there are problems not only with individual permits but with the state’s overall program.

“In addition to federalizing permits, we need the state to fix its program, and it must do so in a way that’s consistent with the Clean Air Act,” he said, “and if it doesn’t do so, we will be obligated to become the permitting authority for the state.”

As for the time frame, he said, “The state has to demonstrate to us in a short period of time that they’re willing to issue permits that are consistent with the Clean Air Act and operate a program that’s consistent with the Clean Air Act. They have weeks, not years, to make that demonstration.”